How Foreclosure Affects Your Future

Consequences of missed mortgage payments, short sales and foreclosure that all homeowners need to understand.
By: Tara-Nicholle Nelson

Foreclosure is far from the worst thing that could ever happen to you. If your home ends up in foreclosure, chances are there are lots of things you should thank your lucky stars for: your family, your health and your good looks. Foreclosure doesn’t mean you are irresponsible or not deserving of prosperity. It can be the result of an unwise decision, bad timing or unfortunate life events. Nevertheless, foreclosure and its first cousins, missed mortgage payments and short sales, do have credit, legal and tax consequences. Here are the consequences of each:

Missed Payments

  • Other than your lender’s late fee, there are no credit or other consequences of a mortgage payment being late until it is 30 days late.
  • One 30-day late mortgage payment can drop your FICO credit score from 50 to 100 points.
  • If you resume paying mortgage payments after missing one payment (without making a catch-up arrangement with your lender) that one late payment will become a “rolling late,” reported as first 30 days late, then 60 days late, and so on.
  • Most mortgage lenders will not make a mortgage or refinance to a borrower with more than one 30-day late mortgage payment on their credit report within the 12 months preceding the application for credit. All lenders will charge you a higher interest rate and impose tougher terms if you have any “mortgage lates” on your credit report.
  • Late mortgage payments will be reflected on your credit report for seven years, but the negative impact on your FICO score will decrease as the late payment recedes into the past.

Short Sale

  • When you sell your home for less than you owe on it, and your lender writes off the debt, your FICO score will drop between 80 to 100 points.
  • It will take approximately 18 months of consistent, on-time credit payments to restore your credit score to a level where you will be able to get a new mortgage with good interest rates and terms.
  • Legally, mortgage and lien-holders must agree to extinguish their debts for the short sale to proceed; they cannot sue the homeowner to recover the shortfall.
  • Until December 2007, homeowners of properties sold through short sale were charged with taxable income for every dollar of debt forgiven through the short sale. Under the Mortgage Forgiveness Debt Relief Act of 2007, though, mortgage lenders will not charge owners of foreclosed homes with taxable debt relief/income through the end of 2009.
  • If you bought your home less than two years ago or purchased your property using tax-deferred capital gains in the course of a 1031 exchange, there might be capital gains tax implications of your short sale. Consult with your CPA in either of these situations.

Foreclosure and Deed in Lieu of Foreclosure

  • If your home is lost to foreclosure or you give it back to the lender via a deed in lieu of foreclosure, your credit score will go down by 250 to 280 points.
  • It will take about three years of consistent, on-time credit payments to restore your credit score to a level where you will be able to get a new mortgage with good interest rates and terms.
  • Even if your lender is entitled to come after you for the difference between the market value of your home at the time of foreclosure and what you owe on the home, they almost never do.
  • Tax-wise, mortgage debt relieved through foreclosure used to be potentially taxable as income, depending on the mortgage. Under the Mortgage Forgiveness Debt Relief Act of 2007, mortgage lenders will not charge owners of foreclosed homes with taxable debt relief/income through the end of 2009.
  • If you bought your home less than two years ago or purchased your property using tax-deferred capital gains in the course of a 1031 exchange, there might be capital gains tax implications of your short sale. Consult with a CPA if you are considering a short sale in either of these situations.

Next Up

Scheduling Your Relocation

If you can postpone your move, you could save some major cash.

10 Things I Wish I Knew When I Moved

These 10 things may slip your mind when planning a move.

4 Steps to Staging for an Open House

Give your home the "wow" factor it needs to impress potential buyers.

Sellers Could Be Exempt From Capital Gains Tax

Up to $500,000 in profits from the sale of your home could be tax-free.

10 Tips for Settling Into Your New Home

When settling into your new home, make sure you handle these post-purchase musts.

Sellers: What to Do When You Can't Find a Home Before Yours Sells

If you sold your house before you've found new digs, don't worry: You have options.

Seven Tips for a Fast, Easy Move

Settle in quickly with these pointers from a professional mover.

Renter or Seller: Timing Your Home Purchase

With a plan in place, suddenly buying a home feels a lot less stressful. Here are tips to ease the process.

Rush Job: Home Buying on a Short Deadline

Focus on a few key points and find the right place with time to spare.

Rent Out or Swap Your Unsold Home

If you're having trouble selling, try marketing it as a vacation destination.

Go Shopping

Get product recommendations from HGTV editors, plus can’t-miss sales and deals.

On TV

About HGTV

HGTV’s expert editors and writers share home decorating, garden and home improvement ideas, inspiration and advice based on our brand’s 30+ years of expertise and experience. We also give you the latest updates on HGTV shows and stars, cleaning tips and shopping recommendations. Learn more about us and our editorial standards.